Better Credit Blog

AUGUST 31, 2020

Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. What you may not know is that you are protected by the Fair Debt Collection Practices Act (FDCPA), a law designed to keep third-party debt collectors in check when they contact you.

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Collection Industry News

JUNE 14, 2021

Colorado’s Administrator of the Uniform Consumer Credit Code recently amended the rules implementing the state’s Fair Debt Collection Practices Act. Provisions governing collection costs, letters of admonition, and the retention of recorded communications were also amended. Source: site.

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Account Recovery

MAY 26, 2023

Obtaining a settlement in a Fair Debt Collection Practices Act case does not necessarily make you the prevailing party and entitle you to attorney’s fees, a District Court judge in Texas has ruled in a case that was remanded back from the Court of Appeals for the Fifth Circuit. A copy of the ruling from …

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Account Recovery

AUGUST 10, 2022

A California Appeals Court has affirmed the denial of an anti-SLAPP motion filed by a defendant being sued for violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act for allegedly making false representations in an underlying collection lawsuit.

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Account Recovery

MAY 25, 2023

A California appeals court has upheld a lower court’s ruling in favor of a plaintiff in a Rosenthal Fair Debt Collection Practices Act case, agreeing that the collection operation had enough “knowledge” to know that the plaintiff could not have been properly served with a complaint in an underlying debt collection lawsuit and that (..)

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Account Recovery

AUGUST 24, 2022

A California Appeals Court has overturned a summary judgment ruling in favor of a collector that was sued for violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by stapling a note to a court-provided summons, … The post Calif.

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Account Recovery

MAY 24, 2023

In dismissing a Fair Debt Collection Practices Act case for lack of standing while also chiding the defendant for a … Reading as many rulings from judges as I do, you tend to appreciate those with some style and Judge Michael T. Liburdi of the District Court for the District of Arizona definitely has some style.

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Account Recovery

MAY 24, 2023

In dismissing a Fair Debt Collection Practices Act case for … JUDGE ARTFULLY DISMISSES FDCPA SUIT OVER RECEIPT OF VERIFICATION LETTER Reading as many rulings from judges as I do, you tend to appreciate those with some style and Judge Michael T.

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Account Recovery

APRIL 23, 2021

The House of Representatives has passed a bill aimed at amending the Fair Debt Collection Practices Act to provide additional protections to servicemembers. 1491, the Fair Debt Collection Practices for Servicemembers Act, was introduced in March by Rep, Madeleine Dean [D-Penn.]. The bill, H.R.

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Account Recovery

MAY 23, 2023

A District Court judge in Oklahoma has denied a defendant’s motion for summary judgment and a plaintiff’s motion for partial summary judgment in a Fair Debt Collection Practices Act case, ruling that, among other reasons, the migraines suffered by the plaintiff are sufficient for her to have standing to sue, and that there is a … (..)

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Account Recovery

MAY 22, 2023

JUDGE GRANTS MTD IN FDCPA CASE OVER MULTIPLE ADDRESSES IN LETTER In a case that was defended by the teams at Martin Lyons Watts Morgan and Lippes Mathias, a District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that including two different addresses …

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Account Recovery

MAY 22, 2023

In a case that was defended by the teams at Martin Lyons Watts Morgan and Lippes Mathias, a District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that including two different addresses on a debt collection letter would not confuse a least sophisticated …

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Account Recovery

MAY 19, 2023

A District Court judge in Minnesota has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action, ruling that eviction proceedings are subject to the FDCPA and that the “competent attorney” standard does not apply to communications received before the plaintiff retained a lawyer.

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Account Recovery

MAY 18, 2023

A District Court judge in New Jersey has dismissed a plaintiff’s Fair Debt Collection Practices Act class-action lawsuit over the contents of a letter responding to a debt verification request on the grounds the plaintiff lacked standing to sue, never getting to the merits … A win is a win, right?

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Account Recovery

MAY 17, 2023

A District Court judge in Georgia has granted requests from plaintiffs in two separate Fair Debt Collection Practices Act lawsuits seeking to voluntarily dismiss …

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Account Recovery

MAY 16, 2023

FDCPA SUIT TAKES ‘KNOWN OR SHOULD HAVE KNOWN’ TO NEW LEVELS A collector has removed a Fair Debt Collection Practices Act case originally filed in Florida state court to federal court, after it was accused of not knowing that an account had previously been placed with another collection agency, and that the debt had been …

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Account Recovery

MAY 16, 2023

Stating that a plaintiff suffered a financial loss without necessarily going into specifics about what those losses actually were was enough for a District Court judge in Michigan to deny a defendant’s motion to dismiss a Fair Debt Collection Practices Act case. A copy of the ruling in the case of Rider v. Stillman, P.C.

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Account Recovery

MAY 15, 2023

JUDGE PARTIALLY GRANTS MSJ FOR PLAINTIFF IN FDCPA CASE A Magistrate Court judge in Nevada has partially granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case — but only on the grounds that there are no genuine issues of material fact that the plaintiff is a consumer, the defendant …

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Account Recovery

DECEMBER 16, 2022

One of the nation’s largest financial institutions has been ordered by a state court judge in California to pay $2 million after it was accused of violating the Rosenthal Fair Debt Collection Practices Act and the Fair Debt Collection Practices Act by making “harassing and annoying” debt collection calls to its customers.

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Account Recovery

MARCH 25, 2022

The Court of Appeals for the Fifth Circuit has reversed a lower court’s decision ordering the attorneys representing a plaintiff in a Fair Debt Collection Practices Act and Texas Fair Debt Collection Practices Act case to pay $163,000 in attorney’s fees to the defendant while also remanding the case back to the District Court to … (..)

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Account Recovery

FEBRUARY 8, 2023

A District Court judge in Indiana has adopted a Magistrate Judge’s report that recommended a defendant’s motion to dismiss be granted in a Fair Debt Collection Practices Act case related to the use of law enforcement officials effecting the service of process for a collection lawsuit.

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Account Recovery

JANUARY 24, 2023

A Magistrate judge in California has recommended that a defendant’s motion to dismiss be granted, although saying the plaintiff should have the opportunity to submit an amended complaint, in a Fair Debt Collection Practices Act and Fair Credit Reporting Act case that contained a “laundry list” of alleged violations without any factual (..)

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Account Recovery

JANUARY 23, 2023

The Court of Appeals for the Second Circuit has affirmed the dismissal of a case alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and Racketeer and Influenced and Corrupt Organizations (RICO) Act involving a number of collection operations attempting to collect on a debt the appellant suspects was the result (..)

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Account Recovery

MAY 12, 2023

SUIT ACCUSES COLLECTOR OF TRYING TO RECOVER SETTLED DEBT The Fair Debt Collection Practices Act is a strict liability statute, which can sometimes put collectors into legal hot water when they attempt to collect on a debt they think is valid, but it’s actually not.

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Account Recovery

FEBRUARY 1, 2023

The California Court of Appeals has upheld a lower court’s ruling denying a motion to compel arbitration filed by a collection operation, reaching the same conclusion that the plaintiff never officially consented to arbitration with the original creditor, and allowing a Rosenthal Fair Debt Collection Practices Act case to proceed.

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Account Recovery

JANUARY 20, 2023

A District Court judge in Arizona has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by attempting to collect a debt that the plaintiff said he did not owe, largely because the plaintiff never submitted the documentation requested by the plaintiff and there was … (..)

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Account Recovery

MAY 12, 2023

A District Court judge in Pennsylvania has dismissed a plaintiff’s Fair Debt Collection Practices Act suit on his own, without even needing a motion from the defendant, ruling the plaintiff’s attempt to sue the defendant after it obtained a default judgment is “not plausible.” …

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Account Recovery

JANUARY 12, 2023

The Court of Appeals for the Third Circuit has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act when it attempted to collect on a judgment that was later vacated. A copy of the ruling in the case of Lowe v.

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Account Recovery

JANUARY 18, 2023

The Court of Appeals for the state of California has upheld a lower court’s ruling granting an anti-SLAPP motion against a plaintiff that accused a collection law firm of violating the Rosenthal Fair Debt Collection Practices Act in a case that the Appeals Court sought to answer whether a plaintiff must show materiality when alleging … (..)

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Account Recovery

JANUARY 6, 2023

For at least the third time against different defendants and the second time against the same defendant, a District Court judge in Rhode Island has granted a defendant’s motion against a plaintiff who files lawsuits alleging violations of the Fair Debt Collection Practices Act for essentially each phone call he receives.

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Account Recovery

JANUARY 11, 2023

A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit, ruling the plaintiff lacked standing to sue after arguing that a violation of state law cause the alleged FDCPA infraction. A copy of the ruling in the case of Gregg v.

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Fair Debt Collection Collections 244

Account Recovery

JANUARY 19, 2023

A District Court judge in Arizona has partially granted a plaintiff’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because it attempted to collect on a debt that was incurred as a result of a worker’s compensation claim, while also ruling that relying solely on the information … (..)

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Account Recovery

MARCH 24, 2021

A bill has been introduced in the House of Representatives that would amend the Fair Debt Collection Practices Act to prohibit the collection of any debt for which the statute of limitations has expired. The text of the bill, H.R.2135,

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Account Recovery

JANUARY 17, 2023

In a case that was defended by Cooper Walker and the team at Frost Echols, a District Court judge in New York has granted a defendant’s motion for judgment on the pleadings after it was sued for violating the Fair Debt Collection Practices Act because it did not state in a collection letter that interest … The post Judge Grants MJOP in (..)

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Account Recovery

JANUARY 11, 2023

JUDGE DISMISSES FDCPA CLAIM FOR LACK OF STANDING RELATED TO SOL DISCLOSURE A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit, ruling the plaintiff lacked standing to sue after arguing that a violation of state law cause the alleged FDCPA infraction.More details … (..)

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Account Recovery

DECEMBER 27, 2022

million settlement in a Fair Debt Collection Practices Act class-action case involving convenience fees charged when consumers made payments on their mortgages over the phone or online. A District Court judge in Florida has granted preliminary approval of a $2.8 A copy of the preliminary approval in the case of Morris v.

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Fair Debt Collection Collections 246

Account Recovery

MARCH 3, 2023

… The post Judge Partially Denies MJOP in FDCPA, TCPA Case Over Collection Texts first appeared on AccountsRecovery.net.

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